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Veterans Disability Law Explained

Many disabled veterans have to navigate VA rules and bureaucracy when submitting a claim or appeal. An attorney can provide much-needed clarity in the process, and help reduce the risk of making mistakes.

Title I of ADA prohibits employers from discriminating against disabled people who are qualified when it comes to hiring, advancements and job assignments, benefits, training and other conditions of employment.

What is a disability?

The law defines disability as a condition that severely limits a major life activity. This could be physical or mental, and it could be temporary or long-lasting. Disabilities may be visible, as a missing limb, or invisible, like chronic pain or depression.

Veterans Disability Law Firms with disabilities are entitled certain benefits like the monthly payment of monetary compensation. This compensation is based on the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination on the basis of disability, and requires employers to provide reasonable accommodation for qualified disabled individuals. Employers are not able to ask applicants whether they have a disability in the absence of a voluntary request and in the case of affirmative actions.

What is a disability service-connected?

A service-connected disability is an injury, medical condition or illness that was caused or worsened by your military service. To be eligible for compensation, one must prove that your condition is caused by service.

In addition, in order to be eligible for benefits such as the Aid and Attendance program, your disability needs to be service-connected. These programs offer financial aid to veterans who need help in daily living activities, like bathing, dressing and eating.

It is also possible to establish a service connection through presumptive service connections for some conditions such as Agent Orange exposure and Gulf War diseases. This requires a medical diagnosis of the doctor veterans disability law Firms that shows your problem is likely due to the exposure even if you did not have the disease when you quit the military.

What is a non-service-connected disability?

Many veterans do not realize that there are disability benefits available if none of their disabilities are related to their military service. These benefits are referred to as non-service connected pension or veteran's benefit. They are dependent on assets and income. Widows and widowers who are disabled veterans may be eligible for these payments based on the disability of their spouse.

Employers must not discriminate against applicants or employees who have disabilities. It is illegal to bar individuals from consideration for employment based on their disability. Employers are required to make reasonable accommodations for people who have disabilities to ensure they can be able to perform the essential tasks of their job. These are often referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations stipulate that these modifications must be provided.

How do I know whether I'm disabled?

If you suffer from a handicap that is related to your service, you can claim compensation. That is, a physical or mental condition which is related to your military service and has been evaluated at 10 percent or more.

An attorney who is knowledgeable of the complexities of the law governing veterans disability can make the process easier. They can assist you in determining whether you have a valid claim and assist you through the appeals process.

Current law prevents lawyers from charging fees to assist in a disability claim however, they can charge a fee when they assist you in challenging the decision made on your claim. This is among the ways we help our clients obtain the benefits they are entitled to. To learn more, contact Fusco Brandenstein & Rada.

How do I make a claim?

It is important to apply for disability compensation if you suffer from an injury, illness or ailment that began or was aggravated during your military service. In most cases, the VA will pay benefits starting on the day you filed your claim.

It is essential to provide all evidence that is relevant when submitting a claim. This includes medical documents from providers of civil health care, which are relevant to the condition you've filed a claim for. You should also provide copies of your discharge documents, as well as any other documentation related to your military service.

After you've submitted your claim Once you have submitted your claim VA will notify you by email or US mail that your claim was accepted. The VA will gather evidence to evaluate your claim, which can take months or years.

How do I appeal a denial?

The first step of the appeals process involves collecting medical evidence that proves the treatment is needed for your particular condition. This can be done by working with your health care provider to collect medical research studies and letters from your health care professionals and any other information that you need to support your claim.

A veteran's lawyer can review your case and determine the steps needed to contest a claim that has been denied. This may include looking back at your C file to determine if there is an opportunity to alter the date effective on your award. Be aware of time limits that apply to all levels of the appellate procedure. These are explained in your notice. A knowledgeable lawyer can help speed up the process.

What is the purpose of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is given to injuries and conditions that occur or worsen during service, and also for any post-service depression.

A knowledgeable veterans disability attorney can assist a Veteran in filing and get their claim approved for these benefits. The attorney can also review a Veteran's VA claims history to determine if there is additional past-due benefits that could be recovered.

A veteran can appeal if their local VA office rejects their claim or the disability rating isn't adequate. The VA's regulations and rules are extensive and disabled veterans can benefit from having a skilled lawyer on their side throughout the entire process.